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(영문) 울산지방법원 2015.03.18 2014고단3670
업무상과실치사
Text

Defendant

A Imprisonment without prison labor for six months and Defendant B shall be punished by a fine of 5,00,000 won. Defendant B shall be punished by the said fine.

Reasons

Punishment of the crime

Defendant

A means the upper and upper right and right and the right and the right and the right and the right and the right and the right and the right (referring to the horizontal or the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right

(ii)The equipment to be transported is a driver of a machine or machine used for cargo transport, etc., loaded on the part of an aircraft subject to the Construction Machinery Management Act or the work part of a cargo or special motor vehicle under Article 3 of the Motor Vehicle Management Act. Defendant B is a person in charge of safety and health as a field manager at the site of the construction site of G road with GS Construction Co., Ltd. located in Ulsan-gun F, Ulsan-gun.

On April 22, 2014, the victim I (54 years of age) who operates a construction business with the trade name H was engaged in dismantling work using the E-type mobile rail at the construction site on April 17:20, 2014, and is engaged in dismantling a bridge safety device (a bridge safety device that mitigates the load and shock of the bridge by supporting the upper load of the bridge as a structure installed between the bridge and the intersection of the bridge).

As above, it was predicted that if a workman gets on board a mobile cream and works at a high place, there was a risk that the workman might fall and die.

Therefore, Defendant A, who is a mobile scrap driver, has a duty of care to take safety measures by concluding a fixed pin at the connected height so that the work cost does not be dismantled in the support unit, and Defendant B, who is a site manager, has to ensure that he does not engage in the work while transporting work workers or placing work workers by using a mobile stick, and whether he complies with safety rules related to the use of a mobile string, by placing a supervisor at the work site.

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